Fibromyalgia Disability Eligibility
If you suffer from fibromyalgia mellitus and are prevented from working you may be eligible for Social Security Disability. Fibromyalgia benefits are primarily based on how the fibromyalgia affects your ability to work. Social Security looks at the “functional limitations” caused by your fibromyalgia rather than just the fact you have been diagnosed with fibromyalgia.
1. Are you working?
If you are working in 2007 and your earnings average more than $900 a month, you generally cannot be considered disabled.
If you are working in 2008 and your earnings average more than $940 a month, you generally cannot be considered disabled.
If you are not working because of fibromyalgia, we go to Step 2.
2. Is your condition “severe”?
Your fibromyalgia must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to Step 3.
3. Is your condition found in the list of disabling conditions?
Social security does not currently have a medical listing for Fibromyalgia. However, a social security ruling (SSR99-2P) shows that they consider fibromyalgia to be a medically determinable impairment. If you can prove that that your fibromyalgia is of equal severity to a medical condition that is on the list social security will find that you are disabled. If it is not, we then go to Step 4.
4. Can you do the work you did previously?
If your fibromyalgia is severe but not equal level of severity as a medical condition on the list, then we must determine if the fibromyalgia disability interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5.
5. Can you do any other type of work?
If you cannot do the work you did in the past, we see if you are able to adjust to other work. Social security considers your medical conditions and vocational rules which vary according to your age, education, past work experience and any transferable skills you may have. If your fibromyalgia disability prevents you from adjusting to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
A Fields Law social security fibromyalgia disability lawyer will assist you in the disability process for your fibromyalgia disability. If you are unable to work because of fibromyalgia we can help you apply for social security benefits. If you have been denied fibromyalgia disability benefits we can appeal your case.
We offer a Free case review. Our Minnesota disability lawyers understand how frustrating it is to have fibromyalgia and be denied disability benefits when you are unable to work. There are never any fees unless we win your disability case.
We are a Minnesota Disability Law Firm dedicated to helping people in Minnesota get the Social Security Disability benefits they deserve.
Minnesota Social Security